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Material publication date: 03/01/2020

Last update: 03/01/2020

What to do if your ex-husband does not pay alimony and how to collect money from the debtor? Read about it in our new material!

According to current family legislation, parents are obliged to support their minor children. At the same time, the obligation to provide financial support for common children remains with both spouses even if at the moment they are not or have never been legally married.

The form and procedure for providing maintenance to minor children are determined by the parents independently: for this it is not necessary to go to court, it is enough to conclude alimony agreement. In this case, the amount of alimony is determined at the discretion of the parties, but it cannot be less than the amount that can be recovered by court.

If the child’s parents cannot come to an agreement, funds for the maintenance of minor children (alimony) are collected in court.

The procedure for calculating alimony can be found in Art. 81 IC RF:

For one child – 1/4 of the parent’s earnings and/or other income;
For two children – 1/3 of the parent’s earnings and/or other income;
For three or more children – half of the parent’s earnings and/or other income.

Pay attention! The amount of alimony may be reduced or increased by the court at any time, taking into account the financial or marital status of the parties and other noteworthy circumstances.

What is the liability for failure to pay child support?

What to do if your ex-husband does not pay child support? First of all, we recommend trying to solve the problem peacefully - perhaps the delay in payments occurred for a good reason (unexpected loss of job, temporary health problems, etc.), and you can come to a mutual agreement in the interests of the child.

If an agreement cannot be reached, more effective measures will have to be taken. In this case, the following scenarios are possible:

If the amount of alimony debt exceeds 10 thousand rubles, bailiffs have the right (at your request or on their own initiative) to issue a resolution on a temporary restriction on the debtor’s use of the right to drive vehicles.

The bailiff does not take any action against the debtor? Then the alimony claimant has the right to appeal his inaction. You can find tips on drawing up and filing a complaint in our article.

Deprivation of parental rights

Did you know that failure to pay child support is a valid reason for terminating parental rights? If you doubt whether to take this serious step, we advise you to pay attention to two main advantages of such a decision:

Deprivation of parental rights does not exempt the father from paying alimony (Clause 2 of Article 71 of the RF IC);
Deprivation of parental rights will avoid further claims from the father against an already adult child for the collection of alimony (Clause 1 of Article 71 of the RF IC).

In order to begin the procedure for deprivation of parental rights, you need to file a corresponding claim with the district court at the place of residence of the second parent.

Pay attention! If you do not have exact information aboutcurrent place of residence of the defendant, the statement of claim may be filed in court at his last famous place residence in Russian Federation ( Art. 29Code of Civil Procedure of the Russian Federation ) .

If the child’s father, without good reason, fails to pay child support for two or more months, he may be held administratively liable in the form of compulsory labor for up to 150 hours, administrative arrest for a period of 10 to 15 days, or an administrative fine in the amount of 20 thousand. rub. (Part 1 of Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation).

To do this, the alimony collector must contact the Federal Bailiff Service at the debtor’s place of residence - they are the ones who make the decision to bring the debtor to administrative responsibility.

Prosecution from criminal responsibility

If your ex-spouse repeatedly evaded paying alimony or was brought to administrative responsibility for failure to pay alimony, he may be subject to criminal liability in the form of correctional (forced) labor for up to one year, arrest for up to three months, or imprisonment for a term up to one year (Article 157 of the Criminal Code of the Russian Federation).

In order to bring the debtor to criminal liability for malicious evasion of alimony payments, you need to contact the bailiff who initiated enforcement proceedings with a statement to initiate a criminal case under Art. 157 of the Criminal Code of the Russian Federation.

Many negligent fathers resort to such methods of partially concealing their alimony obligations. By presenting to the court a certificate of average earnings, which differs significantly from the real one in the direction of decrease, they infringe on the legitimate interests of their minor children, due to which they improve their lifestyle.

As a rule, such acts are not only illegal, but can also be detected with some ease.

Mostly the court assigns alimony allowance based on a certificate of average earnings. But if it does not correspond to the real state of affairs, the offender should be exposed and held accountable. This can be done by a bailiff who has the necessary competencies and powers.

For this, primary evidence or reasoned arguments from the mother are sufficient, on the basis of which the following steps can be taken:

make a repeated request to the accounting department at your place of work;
in case of justified doubts, submit a request to the State Tax Inspectorate;
request information about personal income tax withholding from the tax office;
if you pay off a loan, request information about income from the bank.

You can also contact other institutions and organizations where information about income could be provided. In case of discrepancies in information, the citizen can be brought to administrative responsibility under Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation or to criminal liability under Article 157 of the Civil Code of the Russian Federation.

Read more about the liability provided for evading payment of alimony in, and we talked about in what cases the father will have to answer under the article of the Criminal Code of the Russian Federation.

ATTENTION: The State Labor Inspectorate has the authority to verify the authenticity of a document issued by the employer; if violations are detected, the employer may be held liable.

What to do if your ex-spouse is not employed anywhere?

After dismissal from work, the father is obliged to find a job in a new place. If he does not find an appropriate place, he must register with the Employment Center. However, such citizens are not provided with benefits in the form of exemption from alimony payments. According to Article 80 of the RF IC, prescribed alimony is collected regardless of whether the payer works or is not employed.

During the period of forced unemployment, the father is obliged to pay a proportionate amount of alimony. If this does not happen, the child’s mother can recover money from him in a fixed amount. Such collection occurs only in court. Minor delays in payments when moving from one place to another are acceptable, but with the obligatory return of arrears for the period of unemployment.

If a wife applies for alimony for the child’s unemployed father, nuances arise in the procedure for assigning it. Even if the father is included in the child’s register and the marriage was officially registered, it is necessary to file a claim in the district court, and not go to the magistrate, as in other similar cases.

In the statement of claim, indicate the requirement for alimony in a fixed amount. It is not a fact that the specified amount will be recovered. The court may satisfy the claims partially.

What happens to an unemployed person for non-payment?

Since an unemployed person is not exempt from alimony, failure to register for unemployment, and lack of desire to find a job are compelling arguments for the imposition of additional sanctions. Initially, the bailiff has the right:

submit a request to the traffic police to terminate the right to use vehicle(can a driver’s license be confiscated in this case, read);
to the State Services website to terminate the right to use them;
ban travel abroad.

The defaulter is notified of the need for employment. If these measures prove to be insufficient, the bailiff submits a report to the prosecutor's office for administrative penalties. Here we consider the circumstances of the case that do not allow the debt to be repaid. If there are objective reasons, a flexible debt repayment schedule may be established.

If a fact of intentional crime is discovered, an administrative penalty may be imposed, which includes:

administrative work up to 150 hours;
administrative arrest from 10 to 15 days;
administrative fine.

If these circumstances do not force the father to find a job, he may fall into the category and be subject to criminal punishment. In addition, the child’s mother has the right to file a claim to deprive the defaulter of parental rights. provides:

forced labor from 120 to 180 hours;
correctional labor for a period of up to 1 year;
arrest for 3 months.

If a notarized agreement of the parties was previously drawn up, the court makes a decision on the implementation of the terms of the agreement. On this basis, the FSSP issues

Many women lie awake at night wondering what to do if their father doesn't pay child support. But really, what methods of influence can influence a negligent parent?

Unbreakable contract

One of the ways to obtain financial support for minor children is an oral agreement or a settlement agreement. This means that the ex-spouses were able to agree on the rules of payment and the amount of child support without going to court. But what to do if the child’s father does not pay child support, avoiding compliance with the agreement in every possible way?

Situations with an oral agreement and a settlement agreement are slightly different in the algorithm of actions.

Many women in vain expect that oral agreements will become a 100% guarantee of the integrity of their ex-spouse. No one will provide insurance without documentary evidence. In this case, two scenarios are possible:

if dialogue is possible, then oral agreements must be recorded in writing and certified by a notary;

if one “fine day” a man suddenly becomes “deaf, blind and dumb,” then he will have to obtain child support through the courts.

How to force the father of a child to pay child support under the terms of a notarial settlement? Unfortunately, again it will not be possible to do without a trial.

The importance of the world text

Before signing a settlement agreement (whether before or after the conflict), try to obtain competent legal advice. The text must provide for all force majeure, and to do this, tell the lawyer about the circumstances without concealment, take off your rose-colored glasses and draw up the most accurate portrait of your spouse.

Note! A competent text of the settlement will provide invaluable assistance during legal proceedings, and it will be easier for you to get what you are owed.

In particular, the text should provide the following nuances:

if the father loses his job, how is maintenance paid: in such cases, payments are sometimes prescribed in a fixed form so that they are not tied to the amount of income;

Are any compensations provided in case of delays (“penalties” in addition to those prescribed by law can encourage dad to pay on time).

Why he doesn’t pay: argumentation is the way out

Let's look at the most common cases when a father refuses to pay child support, and ways to solve the problem.

Irresponsible attitude towards one's responsibilities- forced collection with the help of bailiffs based on a decision made by a judge.

An unemployed person who is in no hurry to find a job in order not to financially support the former family - bringing to administrative or criminal liability.

Believes that ex-wife spends money wrong, - drawing up a settlement agreement where all the conditions will be specified.

Fathers who are draft dodgers need to know that disabled people, pensioners and the unemployed pay maintenance (the amount is charged from their monthly state benefits). Does a father who has been deprived of parental rights pay child support? Yes, they won’t make an exception for him either.

Algorithm of actions

To get help from a negligent father for his own children, you need to file a claim in court. The court will take into account all details, including:

marital status of the defendant;

his income and how he received it;

social status;

plaintiff's claims;

child's needs.

It is clear that it will be possible to demand more from a successful entrepreneur than from an unemployed or disabled person, but in all cases the judge will charge the defendant with the obligation to fulfill the obligations enshrined in the law that arise for parents after the birth of a child. We are talking about material maintenance, regardless of whether the man and woman are officially married or not.

The result of the court will be the receipt of a writ of execution, which can be sent to:

at the place of work;

to the pension fund (if the defendant is a pensioner);

bailiffs.

Note! Based on Article 107 of the Family Code, alimony can be collected for the last 3 years at any time before the child reaches adulthood and 3 years after it.

What will help stimulate?

The legislation provides for certain points that help encourage alimony providers to transfer money:

seizure of property and accounts when debt arises (this measure is very effective when working with wealthy drug evaders);

filing a lawsuit for deprivation of parental rights (often just the threat of filing such a lawsuit is enough);

accrual of penalties or fines;

arrest for 15 days or 150 hours of compulsory labor;

restriction of driving rights;

criminal prosecution, including failure to find a job for more than 3 months or deliberate concealment of income.

Note! Over the first six months of 2017, almost 64.5 thousand administrative cases were initiated in Russia against fathers-deviators.

To implement drastic measures, you need to submit an application with a request to initiate a criminal case:

bailiffs;

to the prosecutor's office;

to the police station.

Important! In the near future, it is planned to amend the legislation that will allow alimony workers to be recognized by the court as “unaccounted for” and to pay their children a survivor’s pension.

How to make bailiffs work?

To be fair, let’s say that the bailiff service should monitor the timely implementation of the court order and delays. The plaintiff should not run around and beat out what is due to children according to the law. But in practice, very often a situation arises when the father is in no hurry to pay, and the bailiffs do not show the necessary zeal. To get out of the deadlock you need to:

obtain a certificate from the bailiffs about the amount of debt;

file a complaint with your superiors so that they can monitor the progress of the case and the effectiveness of their subordinates;

with the issued certificate, file another claim in court for the accrual of a penalty;

the received court decisions are again transferred to the bailiffs.

How to prove the absence of payments?

Many people have difficulty presenting evidence confirming malicious evasion of alimony.

How to prove that the father does not pay child support? The court can be provided with:

certificates from the accounting department from the place of work about the latest transfers;

bank account statements about recent receipts;

certificates from bailiffs about the existence of debt;

video and audio materials where the debtor talks about his unwillingness to pay his bills;

notes and SMS notifications of the same content;

testimony of witnesses confirming the fact of evasion of child support.

It is better not to fight a malicious alimony debtor alone, but to take the help of a competent lawyer. Remember that only in exceptional cases does a judge take the side of negligent fathers. And the reason for this must be extremely respectful.

Many women lie awake at night wondering what to do if their father doesn't pay child support. But really, what methods of influence can influence a negligent parent?